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 State Employment Law Articles
Report Link Lack of Non-Compete Agreement May Deprive New York Employers of Real Protection.Jackson Lewis LLP - June 10, 2009 When an employee who was given confidential information leaves for a competitor, employers often cry foul. But if there is no non-competition restriction, an employer may have to resort to invoking an “inevitable disclosure” theory to protect its interests. Under this theory, an employer will argue that its former employee should be barred from working for a competitor because he would be unable to avoid using confidential information gained from working for the former employer to benefit the new employer. In New York, this may not get the employer very far, as a recent federal court decision suggests. Report Link New York Law Journal: Trade Secrets Ruling Rejects Irreparable Injury Presumption.Baker Hostetler LLP - April 16, 2009 New York partner John Siegal and associate Francesca Ambrosio co-authored an article, "Trade Secrets Ruling Rejects Irreparable Injury Presumption," which was published in the April 15, 2009, edition of the New York Law Journal. Click here to read the full article (PDF). Report Link M&A Considerations Arising in the Wake of the Broadcast Employees Freedom To Work Act (NY).Baker Hostetler LLP - November 10, 2008 On August 6, 2008, New York State Governor David A. Paterson signed in to law the "Broadcast Employees Freedom to Work Act" (the "Act"). The Act is the first New York statute to govern use of noncompete provisions and prohibits a broadly defined group of media employers from requiring or seeking to enforce post-employment noncompetes affecting all but "management employees." This new law removes employment relations in the broadcast industry from the State's long-standing common law governing post-employment restrictive covenants and may have far-reaching implications for parties contemplating the acquisition of assets or interests in broadcast industry businesses. In particular, potential purchasers must consider whether any owners, sellers or persons employed by seller will be entering into a post-closing employer-employee relationship. Report Link New York Law Journal: New York Statute Bars Media Industry Noncompetes.Baker Hostetler LLP - August 22, 2008 New York partner John Siegal authored an article which was published in the August 21 edition of the New York Law Journal titled, "New York Statute Bars Media Industry Noncompetes." Report Link New York Enacts Statute Prohibiting Noncompetes in the Media Industries.Baker Hostetler LLP - August 12, 2008 For the first time, New York now has a statute governing the use of noncompete provisions, but it applies only to “broadcasting industry employers.” Signed by Governor David A. Paterson on August 6, 2008, the “Broadcast Employees Freedom To Work Act” prohibits a broadly defined group of media employers from requiring or seeking to enforce post-employment noncompetes affecting all but “management employees.” This new law removes employment relations in an entire cluster of industries central to New York's economy from the State's elaborate and long-standing common law governing post-employment restrictive covenants. It will likely also give birth to an entirely new set of issues to be litigated and it will fundamentally alter the negotiation of talent contracts in New York-based media industries. Report Link NY's Highest Ct. Applies Federal "Constructive Discharge" Test to State's "Employee Choice" Doctrine (pdf).Vedder Price - April 13, 2007 New York has made it more difficult for employees looking to break their non-compete agreements. Report Link A "Constructive" Decision: The Employee Choice Doctrine Is Alive and Well in New York.Littler Mendelson, P.C. - February 09, 2007 Employers frequently condition the payment of post-employment compensation on an employee's compliance with a restrictive covenant, such as a noncompete agreement.
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March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
March 24, 2010 Fisher & Phillips |
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